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Kirti Vardhan Shukla   02 August 2018

Right in property

What is the right of second and third wife in husband's property after death of husband if married before 1955. Second and third marriage conducted when first wife was alive. And only one wife had children in three of them.


Learning

 6 Replies

R.Ramachandran (Advocate)     02 August 2018

The property will be divided equally amongst all.  The three widows (will divide equally amongst themselves one share) and the children of the first wife the remaining.

For eg. if there are two children.  Then the property will be equally divided first into three shares i.e. 1/3rd for each.

Both the children will get 1/3rd share each.

The 1/3rd share allocated to the widows will have to be equally distrubuted amongst all the three wives.


(Guest)

Shri ramachandra ki jail

Kumar Doab (FIN)     02 August 2018

Originally posted by : Ramoji Kumar
Shri ramachandra ki jail

Shri Ramachander ji jail nahi gaye.

Banwaas chale gaye the.

 

Kumar Doab (FIN)     02 August 2018

Which personal law applies in your case?

Are all involved Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

The property is in which state?

The children are sons or daughters and are all married?

All 3 marriages are before 1955?

Has any case been filed in court of law?

Confirm!

Kumar Doab (FIN)     02 August 2018

 

You have used year 1955 in query so IT is guessed that you are pointing to succession of Hindu male..

GO thru:

Hindu Succession Act 1956; 4,10

 

 

Article under my profile;

After the year 1956 succession amongst Hindus shall be governed by the Hindu Succession Act

Judgment by Apex Court in case of;

 

Supreme Court of India

Vidyadhari & Ors vs Sukhrana Bai & Ors on 22 January, 2008

Author: V Sirpurkar

Bench: S.B. Sinha, V.S. Sirpurkar

 

 

Kumar Doab (FIN)     02 August 2018

If a case is in court of law then court shall decide the matter per facts and merits of the matter.


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